The Lautenburg Amendment

 

On September 30, 1996, the Lautenberg Amendment became law. It is now a felony for any person who has been convicted of a misdemeanor crime of domestic violence to ship, transport, possess, or receive firearms or ammunition. Any person who transfers, issues, or sells firearms to a person with a Lautenberg qualifying conviction may also be charged with a felony offense under the Lautenberg Amendment. This provision includes military commanders who issue weapons to soldiers with qualifying convictions.

The following convictions are qualifying convictions for a "Misdemeanor Crime of Domestic Violence":

a. The person was convicted of a misdemeanor crime, and the offense had as an element of the use or attempted use of physical force, or threatened use of a deadly weapon; and

b. The convicted offender was at the time of the offense: a current or former spouse, parent, or guardian of the victim; a person with whom the victim shared a child in common; a person who was cohabiting with or has cohabited with the victim as a spouse, parent or guardian; or a person who was similarly situated to a spouse, parent, or guardian of the victim; and,

c. The convicted offender was represented by counsel, or knowingly and intelligently waived the right to counsel; and, if entitled to have the case tried by a jury, the case was actually tried by a jury or the person knowingly and intelligently waived the right to have the case tried by a jury; and d. The conviction has not been expunged or set aside.

If you are facing a domestic violence charge, it is critical that you contact a court martial defense lawyer who understands Lautenburg and its effect on service members.
Categories:

Request Your Case Evaluation

You deserve a fighting chance on your day in court. When it comes time to decide who your defense attorney will be, make that decision count.

    • Please enter your name.
    • This isn't a valid phone number.
      Please enter your phone number.
    • This isn't a valid email address.
      Please enter your email address.
    • Please make a selection.
    • Please enter a message.